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1. Term of Development Agreement. The term of the Development Agreement is <br /> currently scheduled to expire on September 27, 2010. Section 1.2 of the Development <br /> Agreement is hereby amended to provide that the term of the Development Agreement as it <br /> pertains to the PG Property shall expire, unless further extended or earlier terminated as <br /> provided in the Development Agreement or herein, on September 27, 2017. <br /> 2. Issuance of Permits to Develop PG Property. Anything in the Development <br /> Agreement to the contrary notwithstanding, including, without limitation, the provisions of <br /> Section 3.15 thereof, the City acknowledges and agrees that there is no deadline under the <br /> Development Agreement by which PG must obtain necessary permits or governmental <br /> approvals, including, without limitation, building permits, to develop the PG Property. The <br /> foregoing shall modify Exhibit E attached to the Development Agreement to the extent <br /> inconsistent or in conflict with the terms of Exhibit E attached to the Development Agreement. <br /> 3. Correction. The last sentence of Section 2.8 of the Development Agreement is <br /> hereby amended, in part, to delete the words "Section 2.4(e) and (t)" and to substitute in place <br /> thereof the words "Section 2.4(e) and (f) ". <br /> 4. General Provisions.Amendment. This Amendment may be amended by and only <br /> by an instrument executed and delivered by each party hereto or its successors or assigns. <br /> (a) Amendment. This Amendment may be amended by and only by an <br /> instrument executed and delivered by each party hereto or its successors or assigns. <br /> (b) Applicable Law. This Amendment shall be construed, interpreted and <br /> enforced in accordance with the laws of the State of California as the same are in effect from <br /> timer to time. <br /> (c) Headings. The headings of the sections and subsections hereof are <br /> provided herein only for convenience of reference, and shall not be considered in construing <br /> their contents. <br /> (d) Binding on Successors and Assigns. This Amendment shall be binding <br /> upon and shall inure to the benefit of the parties hereto and their respective successors and <br /> assigns. <br /> (e) Notices, Demands, and Communications between the Parties. Formal <br /> written notices, demands, correspondences and communications between the City and PG shall <br /> be deemed given if sent by first class mail, postage prepaid; nationally established overnight <br /> courier that guarantees next day delivery and provides a receipt thereof; or by facsimile, to the <br /> offices of the City and PG and others indicated below, or such other addresses as either party <br /> may from time -to -time designate in writing as provided in this section. <br /> 3 <br />